TOPIC : Appointments ACHACOSO vs. MACARAIG G.R. No. 93023.

March 13, 1991 DOCTRINE : A permanent appointment can be issued only to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed. FACTS: 1. Tomas D. Achacoso was appointed Administrator of the Philippine Overseas Employment Administration 2. In compliance with a request addressed by the President of the Philippines to all Department Heads, Undersecretaries, Assistant Secretaries, Bureau Heads, and other government officials, he filed a courtesy resignation. 3. This was accepted by the President, with deep regrets. 4. The Secretary of Labor requested him to turn over his office to the Deputy Administrator as officer-in-charge. 5. he protested his replacement and declared he was not surrendering his office because his resignation was not voluntary but filed only in obedience to the Presidents directive. 6. On the same date, respondent Jose N. Sarmiento was appointed Administrator of the POEA, vice the petitioner. 7. Achacoso was informed thereof the following day and was again asked to vacate his office. 8. He filed a motion for reconsideration but this was denied. He then came to this Court for relief. 9. The petitioner invokes security of tenure against his claimed removal without legal cause.

10. Achacoso contends that he is a member of the Career Service of the Civil Service and so enjoys security of tenure, which is one of the characteristics of the Career Service as distinguished from the NonCareer Service. 1 Claiming to have the rank of undersecretary, he says he comes under Article IV, Section 5 of P.D. 807, otherwise known as the Civil Service Decree, which includes in the Career Service: 3.Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President. 11. His argument is that in view of the security of tenure enjoyed by the above-named officials, it was beyond the prerogatives of the President to require them to submit courtesy resignations. Such courtesy resignations, even if filed, should be disregarded for having been submitted under duress, as otherwise the President would have the power to remove career officials at pleasure, even for capricious reasons 12. The respondents assert he is not entitled to the guaranty because he is not a career official (the petitioner did not possess the necessary qualifications when he was appointed Administrator of the POEA in 1987). ISSUE: Whether Or Not Achacoso is protected by the security of tenure clause HELD: NO. 1. A permanent appointment can be issued only to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed. 2. Achacoso did not. At best, therefore, his appointment could be regarded only as temporary. And being so, it could be withdrawn at will by the appointing authority and "at a moment's notice," conformably to established jurisprudence

3. The mere fact that a position belongs to the Career Service does not automatically confer security of tenure on its occupant even if he does not possess the required qualifications. 4. The mere fact that a position belongs to the Career Service does not automatically confer security of tenure on its occupant even if he does not possess the required qualifications. Such right will have to depend on the nature of his appointment, which in turn depends on his eligibility or lack of it. A person who does not have the requisite qualifications for the position cannot be appointed to it in the first place or, only as an exception to the rule, may be appointed to it merely in an acting capacity in the absence of appropriate eligibles. 5. The purpose of an acting or temporary appointment is to prevent a hiatus in the discharge of official functions by authorizing a person to discharge the same pending the selection of a permanent or another appointee. 6. The person named in an acting capacity accepts the position under the condition that he shall surrender the office once he is called upon to do so by the appointing authority. 7. In these circumstances, the acting appointee is separated by a method of terminating official relations known in the law of public officers as expiration of the term. His term is understood at the outset as without any fixity and enduring at the pleasure of the appointing authority. When required to relinquish his office, he cannot complain that he is being removed in violation of his security of tenure because removal imports the separation of the incumbent before the expiration of his term. This is allowed by the Constitution only when it is for cause as provided by law. The acting appointee is separated precisely because his term has expired. Expiration of the term is not covered by the constitutional provision on security of tenure. 8. The case of Luego v. Civil Service Commission is not applicable because the facts of that case are different. The petitioner in Luego was qualified and was extended a permanent appointment that could not be withdrawn on the ground that it was merely temporary. In the case at bar, the petitioner was not eligible and

therefore could be appointed at best only in a temporary capacity. The other cases he cites, viz. Pamantasan ng Lungsod ng Maynila v. Intermediate Appellate Court, Palma-Fernandez v. De la Paz, and Dario v. Mison, are also not pertinent because they also involved permanent appointees who could not be removed because of their security of tenure.